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The Federal Constitutional Court in the German Political System

open access: yesComparative Political Studies, 1994
The Federal Constitutional Court is an important policy-making institution in the German political system. As the guardian of the Basic Law, the Constitutional Court has played a critical role in umpiring the federal system, resolving conflicts among branches of the national government, overseeing the process of parliamentary democracy, monitoring the ...
exaly   +3 more sources

Constitutional History as an Integral Part of General History: The German Case

open access: yesRechtsgeschichte - Legal History, 2023
The German Constitution (»Basic Law«) of 1949 is generally regarded as a successful and effective constitution. Many attribute the altogether lucky development of the Federal Republic of Germany not least to this constitution and its interpretation and ...
Dieter Grimm
doaj   +3 more sources

The Federal Constitutional Court Decisions: „The Right to be Forgotten I” and „The Right to be Forgotten II” – The Expectation of Increased Cooperation with the Concurrent Need to Maintain Independence

open access: yesStudia Prawa Publicznego, 2020
The article discusses the decisions “Right to be forgotten I” and “Right to be forgotten II” of 6 November 2019 by the Federal Constitutional Court, which redefine the relationship of cooperation between the Federal Constitutional Court and the European
Magdalena Jaś-Nowopolska   +1 more
doaj   +1 more source

The Constitutional Court of the Federal Republic of Germany

open access: yesSEEU Review, 2020
Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and ...
Kurtishi Emir
doaj   +1 more source

The PSPP Judgment of the German Federal Constitutional Court: Throwing Sand in the Wheels of the European Central Bank

open access: yesEuropean Papers, 2020
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 671-685 | European Forum Insight of 26 June 2020 | (Table of Contents) I. Introduction. - II. The Pandemic Emergency Purchase Programme (PEPP). - III.
Annamaria Viterbo
doaj   +1 more source

The Ban on Strike Action by Career Civil Servants under the German Basic Law: How the Federal Constitutional Court Constitutionally Immunized the German Legal Order Against the European Convention on Human Rights

open access: yesGerman Law Journal, 2020
The Federal Constitutional Court has decided that the prohibition to strike for career civil servants, as it has traditionally been part of the German legal order, is in compliance with the German Constitution.
Matthias Jacobs, Mehrdad Payandeh
doaj   +1 more source

The Federal Constitutional Court Rules for a Bright Future of Constitutional Pluralism

open access: yesGerman Law Journal, 2020
The ruling of the German Federal Constitutional Court in the Right to be forgotten II case is an example of constitutional pluralism in action. It demonstrates how a pluralist-minded court can elevate itself from and above the constitutional confines of ...
Matej Avbelj
doaj   +1 more source

Legal Action for Climate Protection — impulses on the international level from the German Federal Constitutional Court: the Court Order from March 2021 on the Unconstitutionality of the Federal German Climate Protection Act

open access: yesRevista Brasileira de Ciências Ambientais, 2022
Against the background of the international climate protection aim deriving from the “Paris Agreement” of December 2015, demanding a limitation of global warming to 1,5  Celsius at best, the public discussion and anger on the mid- and longterm ...
Stephan Tomerius
doaj   +1 more source

The German Federal Constitutional Court Ruling and the European Central Bank’s Strategy [PDF]

open access: yesJournal of Financial Regulation, 2021
ABSTRACT The ruling of the German Federal Constitutional Court and its call for conducting and communicating proportionality assessments regarding monetary policy have been the subject of some controversy. However, it can also be understood as a way to strengthen the de facto independence of the European Central Bank (ECB).
Feld, Lars P., Wieland, Volker
openaire   +4 more sources

Cannabis policy reform in Germany: Political and constitutional discourses on decriminalisation and regulation strategies

open access: yesBergen Journal of Criminal Law and Criminal Justice, 2021
There is relentless discussion in Germany about the right manner to deal with cannabis and its users. In 1994 and 2004, the Federal Constitutional Court reaffirmed the legal appropriateness of prohibition.
Stefanie Kemme   +2 more
doaj   +1 more source

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